Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Supreme Court New South Wales

Medium Neutral Citation: Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575 Hearing dates: 09, 10, 11 September and 08 October 2024 Date of orders: 09 December 2024 Decision date: 09 December 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: Direct the parties to bring in short minutes of order to give effect to these reasons. Catchwords: NEGLIGENCE – work accident – where plaintiff subcontractor fell three metres through an open penetration at a construction site sustaining injury – where head contractor owed the plaintiff a duty of care to keep the work site safe – where head contractor installed a timber cover over the penetration as a precaution against falls – whether the head contractor failed to take reasonable care to ensure adequate protection against a risk of falling remained in place whenever the timber cover was removed NEGLIGENCE – contributory negligence – where the plaintiff removed plywood timber covering an open penetration – where the plaintiff then covered the open penetration with a plastic sheet – where the plaintiff stepped onto the plastic and fell through the penetration – whether the plaintiff's inadvertence or inattention amounted to contributory negligence Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5F, 5G, 5H, 5I, 5R, 5S Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424; [2004] HCA 28 Council of the City of Greater Taree v Wells [2010] NSWCA 147 Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Grljak v Trivan (1994) 35 NSWLR 82 Hallmark Construction Pty Ltd v Harford [2020] NSWCA 41 Leonard v Smith (1992) 27 NSWLR 5 March v E and MH Stramare Pty Limited (1991) 171 CLR 506; [1991] HCA 12 Nicol v Allyacht Spars Pty Ltd (1987) 163 CLR 611; [1987] HCA 68 Norris v Blake (No 2) (1997) 41 NSWLR 49 Sungravure Pty Limited v Meani (1964) 110 CLR 24; [1964] HCA 16 Verryt v Shoupp [2015] NSWCA 128 Category: Principal judgment Parties: Anthony Daher (Plaintiff) Gold & Eagle Constructions Pty Ltd (First defendant) Steven Miller (Second defendant) Representation: Counsel: R Sheldon SC with M Daley (Plaintiff) J Turnbull SC with J Sleight (Defendants)